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(영문) 서울중앙지방법원 2014.01.16 2013노3827
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Inasmuch as the misapprehension of the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the thief in this case was prosecuted 14 times and the attitude of the act is completely identical, even around February 6, 2012 prior to the instant case, the indictment was suspended due to larceny, etc., and on June 12, 2013, a summary order of KRW 300,000 was issued due to larceny. Such criminal history and the instant crime were of the same kind, and the instant crime was committed 14 times in approximately 2 months. At first, the instant crime was committed in the same time, and the Defendant was stolen with the items displayed in the store, and later the department store customers stolen them by taking advantage of the gap of care, and the method of purchasing goods by using the credit card of the victims on the bank was sufficiently recognized, and the lower court erred by misapprehending the legal principles on the Aggravated Punishment, etc. of Specific Crimes and by misapprehending the legal principles on the thief in this case.

B. The sentence of the lower court against the Defendant is too unreasonable in light of the circumstance and present situation where the Defendant committed the instant crime.

2. Determination:

A. On February 6, 2012, the Defendant, at the Seoul Central District Prosecutor’s Office, was sentenced to the suspension of indictment for the violation of the Specialized Credit Financial Business Act. On June 12, 2013, the Seoul Central District Court issued a summary order of KRW 300,000 as a result of larceny. The Defendant was issued a summary order of KRW 11:45, May 28, 2013.

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